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Parliamentary Sovereignty

Parliamentary sovereignty means;

• Parliaments power is unlimited in that it can make laws on any subject

• The validity of parliament cannot be questioned

Eg. By the courts, church, monarchy etc.

• Parliament can’t limit the law making power of any future parliament, therefore parliament cannot pass a permanent law (entrench the law)

Britain joined the EU on the 1st January 1973. Parliament is no longer the supreme law maker because EU law will prevail if there is a conflict between the EU and parliament.

A recent challenge to the powers of the EU came in the case of Ex Parte Factortame 1991. This concerned the rights of Spanish fishermen to fish in British waters. Spain argued that the Merchant Shipping Act 1988 was against EU law and that the law should be suspended pending trial. English courts refused because they couldn’t suspend an act of parliament. The European court of justice said that the act should be suspended and gave courts the right to limit parliamentary sovereignty in some circumstances.

Parliament has to pass laws to comply with EU law. Eg. About a third of legislation is made to implement EU law. Sovereignty has been limited but we can avoid surrendering it by withdrawing from the EU through legislation because membership cannot be entrenched in law.

The effect of the Human Rights Act:

The Human Rights Act incorporated the EU convention on human rights into UK law in 1998. All legislation must comply with human rights, eg. Before the second reading, the government minister has to declare whether the bill is compatible with the Human Rights Act.

There have been about 20 declarations of incompatibility eg. 2004, the Anti Terrorism Act 2001 was changed. The act allowed indefinite holding of foreign suspects without charge if they couldn’t be

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